Certificate Of Professional Competence
CPC Holder & Certificate of Professional Competence Holder
Holders of a CPC Certificate (Certificate of Professional Competence) for Goods or Passenger Service Vehicle management have seen their duties and responsibilities increase, not only in number but also in terms of importance within the Operator Licensing raceme therefore, to not understand the regulations in relation to the CPC Holder (Certificate of Professional Competence Holder) will have a major effect on any operator licence were the nomination of a CPC Holder (Certificate of Professional Competence Holder) is required.
Here at Oplas Transport Consultants, we have put together this basic guide in connection with CPC Holder (Certificate of Professional Competence Holder) regulations for you to look at, whether you are an Operator Licence Holder or a current CPC Holder (Certificate of Professional Competence Holder) looking for more information.
Certificate of Professional Competence: History & Definition
The Certificate of Professional Competence (CPC) was introduced along with the introduction of The Goods & Public Service Vehicle(s) sections of the Licensing of Operators Act 1995 which was designed to implement EC Directives 96/26EC, EC Directive 98/76/EC and subordinate legislation such as (Regulation (EC) No 1071/2009) with regards to the occupations of Goods (HGV/LGV) and Public/Passenger (PSV) Service Vehicle Operations.
The regulations in connection with the CPC Holder and Operator Licensing states that an operator who seeks a standard National or International Licence, whether that be for Goods (HGV/LGV) or public/passenger (PSV) service vehicle operations must satisfy the Licensing Authority that he/she is professionally competent i.e. CPC Holder / Certificate of Professional Competence Holder. Alternatively, organisations must employ someone who is professionally competent, holds a CPC Licence and is of good repute and fitness.
In this context, only an individual person can be professionally competent and to become this, the person must pass the CPC examination to then have the ability to be considered a CPC Holder in relation to the Operator Licensing raceme.
Certificate of Professional Competence: Examination
The CPC examinations is set by the Oxford, Cambridge and Royal Society of Arts Examinations Board (OCR) on behalf of the Department for Transport in relation to the current EC Directives for those wishing to enter the profession of Road Haulage Transport Management and it allows the said persons to demonstrate professional competence to meet the Operator Licensing requirements.
Other Acceptable Qualifications and Diplomas for the Certificate of Professional Competence (Goods Vehicles)
Certain other qualifications are acceptable as proof professional competence. These are currently under review but if you have any of the following, you are likely to be exempt from CPC examination. However, this can only be acceptable on approval from the Traffic Commissioner.
For both Standard National and Standard International licence:
Fellow or Member of the Institute of Logistics and Transport (formerly the Chartered Institute of Transport in the UK) by examination and/or formal accreditation in Road Freight Transport
Honorary Fellow, Fellow or Member of Society of Operations Engineers
Fellow or Associate of the Institute of the Furniture Warehousing and Removing Industry or from 13 May 1995, Fellow or Associate of the Movers Institute
Certificate in Transport (Road Freight) awarded by the Institute of Logistics and Transport
For a Standard National licence:
Member of the Institute of Logistics and Transport (formerly the Chartered Institute of Transport in the UK) by examination and/or formal accreditation in Road Freight Transport
Certificate in Transport (Road Freight) awarded by the Institute of Logistics and Transport
Associate Member of the Society of Operations Engineers (by examination)
General and Ordinary Certificate in Removals Management issued by the Institute of Furniture Warehousing and Removals Industry prior to 13 May 1995, or after that date the National Certificate in Removals Management issued by the Movers Institute
RSA Certificate in Road Freight Transport granted on or after 1 May 1984 which specifically contains a footnote granting exemption
From March 2007, Institute of Transport Administration (IoTA) exemption certificates are not acceptable as CPC qualifications/exemptions for nominated transport managers. All new applications which nominate a Transport Manager, who submits for consideration an IoTA certificate, will not be accepted without either providing additional acceptable evidence of professional competence or alternatively, an applicant may nominate a replacement Transport Manager who holds an acceptable CPC or exemption. This approach will be until acceptable IoTA examinations are in place for National and International operations. Operators who currently employ a Transport Manager, who used IoTA certificates as evidence of exemption prior to March 2007, if that TM wishes is nominated to a new or additional licence. Should this occur the Traffic Commissioner will consider the matter.
Other Acceptable Qualifications and Diplomas for Certificate of Professional Competence (Public / Passenger Service Vehicles)
For both Standard National and Standard International Operator Licence:
Fellow (FCILT) or Chartered Member (CMILT) of the Chartered Institute of Logistics and Transport by examination and/or formal accreditation in road passenger transport, on production of the exemption certificate issued by the Institute;
Member or Associate Member of the Institute of Road Transport Engineers;
holder of the Institute of Logistics and Transport Certificate in Logistics and Transport with an endorsement in road passenger transport, on production of the exemption certificate issued by the Institute;
Associate of the Institute of Transport administration by examination.
For national operations only:
Holder of the Royal Society of Arts Certificate, in Road Passenger Transport, this certificate exempts you from the CPC only if obtained after May 1984.
Member (MILT) of the Chartered Institute of Logistics and Transport by examination and/or formal accreditation in road passenger transport, on production of the exemption certificate issued by the Institute; Associate of the Institute of Road Transport Engineers (by examination)
Holder of the Institute of Logistics and Transport Certificate in Logistics and
Other ways in which proof of professional competence can be acceptable
CPC Holders with Grandfather Rights (GFR) were allowed to be used as proof of professional competence by people who had not passed the CPC examinations, however, these rules changed from the 4th December 2011.
Now, CPC Holders with Grandfather Rights (GFR) are to be called CPC Holders with Acquired Rights (AR) so it is clear that the renewed rights are issued in compliance with Article 9 of the new EU regulation on operator licensing (EC Regulation 1071/2009 called in this document The Regulation).
Only CPC Holders with (GFR) are eligible to apply for CPC Holder Acquired Rights (AR).
The Regulation requires that a CPC Holder with AR has continuously managed at least one road haulage undertaking or a road passenger transport undertaking for the period of 10 years before 4 December 2009.
Temporary breaks in the requirement for continuous management are legitimate and unavoidable for example to take account of long-term sick leave or maternity leave. In view of this, we are asking applicants to explain their role as a transport manager in a road haulage undertaking or a road passenger transport undertaking from the 4 December 1999 to the present.
Many CPC Holders with GFR where the Department has sufficient evidence or is currently listed on an operators licence, will have their Acquired Rights certificate sent to them automatically. This process began back in November 2011. Only those not currently listed as a transport manager on a current operators licence need to apply using this form.
Note: Acquired Rights for those CPC Holders with grandfather rights will have up to 4th December 2013 to obtain an Acquired Rights Certificate. The CPC Holder must have submitted an application and have been granted Acquired Rights by this date.
The decision about whether sufficient evidence exists in individual cases rests with the Secretary of State for Transport, however, you will be able to appeal the decision of the Secretary of State by appealing direct to the Traffic Commissioner.
The Certificate of Professional Competence (CPC) qualifications have been amalgamated (from Dec 4th 2011) to incorporate both National CPC and International CPC and to meet European requirements.
The international CPC will only be achievable as a standalone exam for those already in possession of a Standard National CPC and this is only available until the end of 2013.
Certificate Of Professional Competence: How is fitness and good repute decided?
In deciding the CPC Holders fitness, when nominated on an operator licence or application, the Traffic Commissioner will take account of certain convictions. These include convictions for vehicle overloading, defective vehicles or unauthorised use. Also, convictions connected with vehicle plating and testing or drivers hours or tachographs will also be taken into account.
Details of convictions must be on the operator licence application form when being submitted.
In deciding a CPC Holders good repute, when nominated on a (Standard National & International) operator licence or application, the Traffic Commissioner will take account of any convictions as when deciding fitness but also any other relevant information which includes any convictions that a CPC Holder has had in the UK or abroad.
CPC Holders who may have other convictions may wish to use the guidance shown below as a general explanation of what a traffic commissioner can take into account. The guidance is from the Rehabilitation of Offenders Act 1974.
Please note this is for guidance purposes only. Only the Traffic Commissioner can give a final determination on CPC Holder (Certificate of Professional Competence Holder) repute in relation to convictions
CPC Holders do not have to declare any convictions which are considered spent under the Rehabilitation of Offenders Act 1974. The table below shows the rehabilitation period at the end of which convictions are considered spent. The rehabilitation period depends on the sentence for the original offence and runs from the date of conviction.
CPC Holders having a conviction(s) were the following applies, sentence of imprisonment for life or a sentence of imprisonment, detention in a YOI, a sentence of preventative detention or a sentence of detention during Her Majestys pleasure for terms exceeding 30 months are excluded from rehabilitation.
Otherwise, please consult the table below.
Where on a conviction the sentence (or equivalent)
imposed is:
The rehabilitation period begins
on conviction and lasts for:
Life imprisonment or imprisonment/ detention in a Young Offenders Institute (YOI)/ a sentence of preventative detention or a sentence of detention during Her Majestys pleasure,
FOR TERMS EXCEEDING 30 MONTHS
Excluded from rehabilitation
Imprisonment in a YOI, Corrective Training for MORE THAN 6 MONTHS but not exceeding 30
months
10 years*
Imprisonment NOT EXCEEDING 6 MONTHS
7 years*
Fine (or other order not specified below)
5 years*
Borstal Training
7 years
Detention (PCC(S)A 2000, s.91) under CYPA 933, s.53 for MORE THAN 6 MONTHS but not exceeding 30 months
3 years
DETENTION under PCC(S)A 2000, s.91,
s.53 for NOT MORE THAN 6 MONTHS
3 years
Detention in a YOI
3 years
Probation (Community) Order, where
offender 18 years or over at date of
conviction;
Where offender under 18 at date of
conviction
5 years
2½ years from conviction or a period
beginning with date of conviction and
ending when order ceases to have
effect (whichever is the longer)
Detention and Training Order under CDA 1998, S.73
In the case of a person aged 15 or
over a date of conviction, 5 years if
order was, 3½ years if it was not, for
A term exceeding 6 months. In the
case of a person under 15, a period
beginning with date of conviction,
and ending 1 year after the date on
which the order ceases to have
effect
Secure Training Order. Bind Over (to keep the peace or be of good behaviour), Care Order,
Supervision Order under PCC(S)A 2000, s.63(1), Care order under CYPA 1933, S.57, Supervision order under CYPA 1933 or CYPA 1963
1 year or duration of order
(whichever is longer)
Attendance at an Attendance Centre
Duration of the order plus 1 year
Hospital Order (with or without restriction order)
5 years or duration of the order plus
2 years (whichever is longer)
Disqualification, disability, prohibition or other penalty
The duration of the order
A CPC Holders lack of honesty about convictions at the time of being nominated on an operator licence application, or non-disclosure of convictions incurred after an operators licence has been granted, constitutes a serious threat to any operators licence application or the continuation of an operator licence.
A CPC Holder must be aware that it is a criminal offence to make a false declaration on the operators licence application. Failure to provide information may influence a decision that could subsequently lead to regulatory action.
If the CPC Holder has any doubts, the CPC Holder should provide full details of the background circumstances of any convictions or penalties declared on a separate piece of paper. The Traffic Commissioner will make a determination on a case-by-case basis.
Certification of Professional Competence: Validity in Other EU Member States
A CPC Holder of a national qualification in either Goods Vehicle Operations or Public/Passenger Service Vehicle Operations can satisfy other EU member states about professional competence, however, with the exception of ARSA or OCR full professional competence certificates (National or International) issued since March 1992, if you want to operate in the national market of any other European Union country, you will need to obtain a mutual recognition certificate to support your application.
This is just a basic guide to the regulations surrounding the person nominated as the CPC Holder on an operator licence.
If you feel that after reading the information here on CPC Holder regulations you need to contact us here at Oplas, you can do so by visiting the contact us page at the top of this site.
Whether you are an operator licence holder looking for the services of a CPC Holder for your operators licence compliance requirements or a you are a current CPC Holder willing to offer your services to operator licence holders as per the current regulations, then please follow the correct link shown below.
